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HomeMy WebLinkAbout08-3544Robert D. Kodak, Esquire Supreme Court I.D. 18041 KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7152 Fax: 717-238-7158 email: robert.kodak@verizon.net Attorney for Plaintiff TRANSPLATINUM Doing Business As : IN THE COURT OF COMMON PLEAS FLEETONE, LLC. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : CIVIL DIVISION -LAW R T EXPRESS, INC. and RAY D. n ROBINSON, Personal Guarantor : NO. 08 - M44 civ < l -re'm Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 TRANSPLATINUM Doing Business As IN THE COURT OF COMMON PLEAS FLEETONE, LLC. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. R T EXPRESS, INC. and RAY D. ROBINSON, Personal Guarantor Defendants CIVIL DIVISION - LAW NO. J F 3?yy?Q ?. COMPLAINT The Plaintiff, TransPlatinum doing business as FleetOne, LLC., by its attorneys, Robert D. Kodak, Esquire, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendants to recover the sum of Fourteen Thousand, Eight Hundred Five Dollars and Fifty-Nine Cents ($14,805.59), along with interest thereon from February 28, 2008, upon a cause of action of which the following is a statement: 1. The Plaintiff, TransPlatinum, is a corporation organized and existing under the laws of the State of Tennessee, having its principal office and place of business at 5042 Linbar Drive, Nashville, Tennessee 37211, and is doing business as Fleetone, a limited liability company.. 2. The Defendant, R T Express Inc., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 1235 bjxomp:34392 fleet rt exp.wpd:29Nov06 Means Hollow Road, Shippensburg (Southampton Township), Cumberland County,.Pennsylvania 17257. 3. The Defendant, Ray D. Robinson, is an adult individual with an address at 1235 Means Hollow Road, Shippensburg (Southampton Township), Cumberland County,.Pennsylvania 17257. COUNTI TRANSPLATINUM DB/A FLEETONE LLC. vs. R T EXPRESS INC. 4. Paragraphs 1 through 3 above are incorporated herein as if fully and at length set forth. 5. On or about September 12, 2006, Defendant, R T Express Inc. (hereinafter Defendant Corporation), did apply to Plaintiff for services. A true and correct copy of said Application is attached hereto, marked as Exhibit "A" and made a part hereof. 6. On or about January 14, 2008, Defendant Corporation did complete an Internet and ElectroniChek Authorization, a true and correct copy of which is attached hereto, marked as Exhibit "B" and made a part hereof. bj:comp:34392 fleet rt exp.wpd:29Nov06 2 7. On or about January 14, 2008, Defendant Corporation did enter into a Payment Plan Agreement for Internal Collection Accounts, a true and correct copy of which is attached hereto, marked as Exhibit "C" and made a part hereof. 8. Defendant Corporation did default in the payment under the aforesaid documents and, on or about March 3, 2008, Plaintiff did send a default notice via Certified Mail to Defendant Corporation. A true and correct copy of the notice and proof of delivery is attached hereto, marked as Exhibit "D" and made a part hereof. 9. The balance due and owing by Defendant Corporation to Plaintiff is the sum of Twelve Thousand, Six Hundred Fifty-Four Dollars and Thirty-Five Cents ($12,654.35), as appears by Plaintiff s Statement of Account hereto attached, marked as Exhibit "E" and made a part hereof. 10. Due to Defendant Corporation's default in payment, and pursuant to the terms and conditions of Exhibit "A" attached hereto and made apart hereof, attorney/collection fees have been added to said account in the amount of Two Thousand, One Hundred Fifty-One Dollars and Twenty- Four Cents ($2,151.24), as set forth on the true and correct copy of Plaintiffs Statement attached hereto, marked as Exhibit "F" and made a part hereof. hj:comp:34392 fleet rt exp.wpd:29Nov06 11. Plaintiff has frequently demanded payment from Defendant Corporation of said amount due and owing as aforesaid, but Defendant Corporation has refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant, R T Express Inc., the sum of Fourteen Thousand, Eight Hundred Five Dollars and Fifty-Nine Cents ($14,805.59), along with interest thereon from February 28, 2008. COUNT II TRANSPLATINUM_DB/A FLEETONE, LLC vs RAY D. ROBINSON, PERSONAL GUARANTOR 12. Paragraphs 1 through 11 above are incorporated herein as if fully and at length set forth. 13. On or about September 12, 2006, Defendant, Ray D. Robinson. (hereinafter Defendant Robinson), did, in order to entice Plaintiff to extend credit to R T Express Inc., enter into a Personal Guarantee with Plaintiff. A true and correct copy of said Guarantee is a part and portion of the Application attached hereto, marked as Exhibit "A" and made a part hereof. 14. R T Express Inc. has defaulted in payment to Plaintiff, thereby making Defendant Robinson liable for all monies due and owing to Plaintiff by R T Express Inc. bjxomp:34392 fleet rt exp.wpd:29Nov06 4 15. Plaintiff has frequently demanded payment from Defendant Robinson of said amount due and owing as aforesaid, but Defendant Robinson has refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant, R T Express Inc., and Defendant, Ray D. Robinson, Personal Guarantor, the sum of Fourteen Thousand, Eight Hundred Five Dollars and Fifty-Nine Cents ($14,805.59), along with interest thereon from February 28, 2008. Respectfully submitted, KODAK & UM. P.C. Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7152 Fax: (717) 238-7158 email: robert.kodak@verizon.net Attorney ID No. 18041 Attorney for Plaintiff bj:comp:34392 fleet rt exp.wpd:29Nov06 5 Print Document FRCH :P1' Express RQ ft V14 FM,1 I A7. : 71 5;,02 5 5042 LIAbsr Dive • NOOV,1I6, TN 37211 Phode- 866.51.PlM (866.5!7.2537) Fax: 88&310.1488 C4aaALlt?lli(AiYlN Sales Code_ uga?umearau "M s+rW+wak:: c ipd.ipaedLa?Fess x r?ss ? Sak LP ? •? FpoY M+meuma6er '7- a-JI F.? - 30- edluv A>tT??sollmlrwnArcoe?u,a+a? ??..?.?.? ? Nam nde AA AFwlw ?PIOt8letaFYMTgOn6ae Address UkMs afteA* oftwrz.4adMw9a" (k%Sraw Zp i7 k;L j I !7 7 ?A+ Oe°h bhoFatea IksArwa IMmelhone? 7 ' _ i7- opdmbwhn arosN odNSecstrkyw.sd?r l e r J'%1?A _ ot- - 4^ -Q 191-7 ?Asksa.c?s o to g8 A tos?iw -fair. CINo a ? duo SeNwlasoRMlhsn?etlellAr y? •?? ato?IflGNia saWS.aw,ra..iw...z. .?e...?.?.,..,._.??..._._._„?.--•---- - ? ?4Fr? • III ?ri e}??nsalnn}?o eocval? Innn4rn? ei ?a? no=?? ? Page 2 of 3 Sap. 1-2200612-12F11 Pl Print Document Page 1 of 1 (,? -7o) Terms and Conditions J. The Legal Name of the business listed on the credit application shall hcre;n after be referred to as 'Customer'. Acceptance of this agreement by Fleet One (herein after referred to as "Fl ) is contingent upon Fi's approval of Customer's credit application Fl may require a cash security deposit or other similar financial accommodation in order to provide the services desired by Customer. 2 Upon acceptance, F1 will provide Customer financial devices, including purcriasing cards and P1usCheks, as authorized by Customer and Fl. 3. Fl will provide twenty four (24) hour customer service for account-related requests and questions. 4. Customer will receive an invoice darly or weekly, depending on Customer's credit arrangements with Fl. No receipts for transactions will be provided 5. The customer and each guarantor uncondrironally, jointly, and severally guarantee full and prompt payment of all FI invoices. Such sums may include but are not lumnted to the purchase of products or services through FL acceptance sites, payments o products using the Card, and any applicable interest, penalties, and service charges Payments not received by F1 within seen (7) calendar days of the due date shown on the statement, customer and guarantors agree to pay interest on the past due balance at an annual rate of the greater of 18% or the maximum allowed by law, until the balance is pard in full. Any payments received will be applied first to outstanding finance charges, then to any past due balance, then to any new purt:haset The total liability for payments of interest and payments deemed to be Interest by apphcable law, shall not exceed the limit imposed by applicable usury law Customer shall remain responsible for all amounts incurred under this agreement regardless of whether agreement is terminated 6 Payments received on a regular business day will be credited to customer's account by the following regular business day. 7. Customer must notify Fl of any disputed charge(s) within 30 days after the statement date on which the charge(s) appeared- After 30 days, all charges are considered valid and no adjustments will be made Notice to Fl of a disputed charge shall be given by customer in writing and shall include the following information, customer's name and account number; the dollar amount of the disputed charge; the reason customer is disputing the charge; and a copy of the statement on which the disputed charge appears Notices should be marled to the following address, FleetOne, L I.C, 5042 Linbar Driver, Nashville, TN 37211, Attention, Accounts Receivable 8. If Fl most use an attorney or collection agency to collect any overdue amount from customer and/or any guarantors, customer and each guarantor agree to pay reasonable attorney fees and costs of collection incurred by FI which the parties hereby fix at 33 1/3% of any balance due, plus court costs No notice of acceptance hereof need be given any guarantor The guarantor hereby personally guarantees payment of all amounts due Fi. 9 Customers and guarantors shall be responsible for any unauthorized uses or a lost or stolen Card which occur prior to Customer's nobfication to F2 of and -such loss or theft followin of a F1 invoice which incl des u author d charges our (it)upo? earning notify F1 no later hours authorized than the use of earlier f Stic (inoticcee must inGu a Ll a Card numberiof each fort or stolen Card as well as the identification of the person responsible for the loss. 10 Cards are to be used solely for the conduct of customer's business by the employees of customer. It shall be customer's responsibility to ensure its - employees use the Card in compliance with customer's business policies, and these Terms and Conditions Any dispute in this regard shall be resolved between customer and its employees. Customer shall still be responsible to Fl for payment of all such charges. 11. Customer warrants that it is a licensed commercial enterprise or a governmental body, and that the system shall be used only in its business, and the fuel obtained will not be made available for personal use Customer acknowledges and agrees that F1 is not a lender, but provides pre-authorized or pre-paid advances for a fee, and that this is not an agreement for consumer credit or non-business services. 12 F3 maintains the absolute right, exercisable in its sole discretion, to interrupt or terminate use of any and all Cards and issued to customer use of accounL 13 If any potion of this agreement is subsequently held to be invalid, such deterininabon shall not affect the other provisions of these Terms and Conditions, which shall remain in full force and effect. 14. These Terms and Conditions will be interpreted applying Tennessee law, without regard to the conflict of laws provisions thereof. 15. For PlusCheks not clearing the bank within 90 days of dispatch, FL will deduct an administrative fee of $25 per month against the balance of the unceshed PlusChek The total administrative fees win not exceed the amount of the PlusC7hek. 16 Customer agrees not to deposit PlusCheks into the same bank amount from which payments are made to Fi. In the event of a violation of this provision, F1 may, without limiting its remedies, permanently suspend Customer's PlusChek privileges. Use of P1usCheks as a line of credit is strictly prohibited. 17 This agreement may not be assigned by Customer without the written consent of Fl. Customer acknowledges that FI may assign this agreement without Customer consent 18 Fees and payment terms may be changed by F1 on not less than 30 days written notice to Customer Continued use of FT's services after 30 days written notice constitutes acknowledgment and acceptance of the change. 19. Customer acknowledges and agrees that this agreement is confidential and is not to be shared by Customer with any third patty. 20. If Customer selects payment via Automated Clearing House (ACH), Customer agrees that F1 shall have full right and authority to debit Customer's bank account via the ACH system on the day(s) indicated by customer on the credit application for any and all amounts owed to F1 by Customer. If an entry is returned for non-suffruent funds, F1 will require customer to remrt payment via wire to F3's wire account for the returned item plus $30 (thirty) return fee. FL reserves the right to range customer to wire only in the event of returns. Fl reserves the right to re-submit returned ACH items for payment in the event that customer does not replace with wire immediately. Customer understands that this authorization will be in effect until F1 receives verbal notice by customer via phone followed by written notice from customer at 5042 Unbar Drive, Nashville, TN 37211, Attention. Accounts Receivable that they no longer desire this service. Customer also understands that if corrections in the debit amount are necessary, it may involve an adjustment (credit or debit) to customers account. If paying by a taxed 'ElectroniChek' or "InternetChek'/"Intemet Pay"/'Customer Initiated ACH", F1 will process only the amount indicated. Accounts using Prepay via ElectronlChek are subject to a 3 day hold on funds per ElectroniChek. 21. If payment for the non-refundable application and set up fee is not submitted to F1 with this application, Fl is authorized to debit Customer's bank account via ACH for the amount 22. Customer authorrzes F1 to release all pertinent fuel data necessary for the ProMiles Fuel Tax fuel upload option. 23 I understand and confirm that by providing my signature on tire credit application, on behalf of the company/organization speafied, I am authorized to andnhPereby consentr the company/organization to receive communications via telephone, regular marl, fax and email sent by or on behalf of Tra Corp . Fleet One, ILL C, any respective affiliate or partner. 24 Terms and conditions are subject to dhanae Mani M Fees Fuel/Mhsc purchase at "In-Network" fuel locations...... $0.00/uans Fuel/M- purchase at'Outrof-Network" fuel locations: .$2.00/trans. Cash advance with lbel purchase.... ..... ... $0 50/trarhs. Cash advance without fuei purchase .. PlusChek •' •••• ••• . .. $1.75/trans. (puce is for each $500 00 increment)............ $1.75 C Application and ash disbursement fom ATM..... ... $1 75/trans Set Up Fee, 0on-refundable, one Card Production Fee (New and eplacement Cards): e....$1 So each Directories (new accounts only): $0.0o Directories - Replacement and/or addibonal:. , Membership in 'Plus Network' • • •• $1.00 each ' per Internet ProMdes° • Fuel Tax RoutinYe& p i " zation $- Driver Package A-One ProMlles® Service..... .. .. .. .. .. • er Logs Package 8-Two ProMites® Services, value .. $79.99/month Package C-Three ProMil pricing,.. $34 99/month es® Services, value pricing g $44.99/month Internet Load Matching, ... ,.,,,,• Internet Load Matching and CREDIT$T0 $59 99/month •••• • •• .559 99/month Menu or Fen,, Continued Temporary Permits ... ................. ......... See separate agreement Voata Load (no fee for internet or touch tone loading):... DceCapture only, per transaction (if applicable):......... $O.SS Payment and Invoice Options: ACH, Internet, ElettronrChek.. ..... .... ... $0.00 Business Checks includrn 3'+ ..... .... ( 9 Park checks): ...... ... $2.50/check Return Item Fee (Check or ACH) :................... $30 00 Over Limit Per Transaction Fee:......... .. $25 00 Internet, Email and/or Fax Invoices........ . Hard Copy Invoice via Mail:... """' $0.00 L All payments ate Fee on outstanding balance:. . .. ..... . . . .....Terms-Contract received within r terms, Vthei account is bject to a let. Monthly fees are billed in advance for the next talent Termination of services requires 30 days notice Fee AABB?I Ili J 1 --unupposnos ff OTRFleerrermrCond032305 i http://brisbane/onbaseweb/Controlsupport/print.aspx?printrange=all 2/29/2008 Jan 14 2008 4:22PM RT EXPRESS INC 7175300123 P-1 ¢R -H @ R ' Internet & ElectroniChek %.- °:. a d. .1 Authorization (9_ I tn1 a • AurnorkZzatTipN c c ?? C a ltej t:? I authorize Fleet One, LLC, a su id(ary ar TrI have ansPlatinum Service EisctroniChek as payment for my invorn orm t my I"tsrnet 1) Entering my bank infor atks' mation belowand vided my banking payment or SIGNED by. z) Attaching a copy of a voided check iFrnn Pt Checking Account Number: Q ssnK iransitJASA 0 Q?? /C h 3 / Flnancial Institution: ©rrs pw 'z.=?-= ? b Telephone Number: Pranch Location: ri City & state: I understand that fleet t7rie I r_pcess-ond amo4.nrsubmittsd online elsctronkalty via Auoomatad-ClearlnO Indicated on the 2t correction within 48 hours after detection or an the day the Iruo o?• in ease of a edank au or the chest draft effected fleet One wqf i??u:w 12- NON-SUFFIQFNT FUNDS mY bank account. I understand if an EkctroniChekJlnte rft PaymentWa wlre to fleet Ones wire aaccouunnt forr t? retu k is returned for ppn.sutfltleet funds, j will remrt he. I unacrstond all future payments will be made via wire to Fleet amount piu2 a 30 th/ 1»L•. rti?-doYsr) return ZIL CANC'ELLA7ION I understand that this authorization will be in effect until I notify: Flit One L.L.C. 5042 Llnber Drive NnsltvUi*, TN 57211 and my financial institution in wrMng that I no longer desire this service aw 04 my notification. I understand that if correction are nseesas 'M9 them reasonable time to act atcount Flset Ono reserves the right to discontinue accepting the ?? it payment moyentt met mot on adjusbhorok to my hod at any time. eolfnpany Name, __ ? T ??n r.1 ? -•r^_ Company Account * W tb Ae /tutheei;ed SJgnatarot - r? ?' o: Date: Rex this completed rm to 800-347-6339, for questions, cap 800.359-7587, This Is a list of lnvoku being paid by this check. This is sb lcuy for gout Internal records. Pay to the order or a The sum Fft 5,?,.00 Company NameL3 Your Check A Fleet One Acdvunt nn, Date aMe ??? ABA# bore Account aR tsi?ae?a? .?` For oPfiQe use only w- eraot Date_?? J Debit Date Jnttlais ABA* Is your bank's 9 digit rouung number located at the bottom of your checks, 0TPJnt9rnet9feC4WCl9kAudW0607 This Is your businest checking aerOunt number. l Jan 14 2008 4:22PM RT EXPRESS INC 7175300123 p.2 Fleetooe Payment Plan. Agreement for Internal Collection Accounts Fleetone Acct Number: ??p,? jISO r1 ...? now, of 1' ? -T pi c w+?+x n d?a ya+?con? MARMd OR Nacarpx-i nBrc? to to tt?c fotlowi n= plM 21- tic, The total balance due, S 19 will be aid in b5 p weakly payments of S . The first pant ing made on then running _y?. consecutive through t O I agree to provide Flectone With POST DATED EleetsmiCheks (ECKS) which will be dated as described above, along with a signed ACH Authorization form for my bank. I am aware that this Paymcnt plan shall become null and void in the event that any of the postdated F.IecftniCheks am reetumcd from my bank for ANY reason, and that the entire unpaid balance of rids Warnent shall become due and payable in full and it is understood that imvNdiate outplacement of the account could occur at Flaetone's discretion, Fleetoae agrM that upon receipt (by fax) of ALL docu n * (ECKS, authorization forms, etc), as long as they are verified and filled out properly, to Re-age the account, and hold it from outside placement. If at anythhe, the debtor washes to pay their balame in full, they must notify Fleetone by phone, at w debtor will be faxed a blank ECK form to be completed and returned to Fleetone. Once the EM forhich time the M has cleated the debtor's payment in bank, and all monies owed to Fleetone under this agreement an secured, the unused POSTDATED ELKS will be destroyed. IM ea Z!W ebangs any terms and conditions on your credit pplient:iorr. is s to by both parties this _LV_? dater of , Dn51 _ Repm-mist(ve D*Q my if FVEE?E VIA CERTIFIED MAIL March 3, 2008 RETURN RECEIPT REQUESTED ARTICLE NUMBER 7007 3020 00018627 0348 Account # 167040 Ray D. Robinson R T Express, Inc. 1235 Means Hollow Rd. Shippensburg, Pa 17257 Re: Past Due Account Dear Mr. Robinson: This is to advise you that your past-due TransPlatinum account has now been turned over to the Legal Department for further handling. TransPlatinum's records indicate that as of March 3, 2008, you were indebted to TransPlatinum in the sum of $12,654.35: If you have any questions concerning the accuracy of this account information, please contact Tammy Berry immediately at 800-738-7587 ext. 241. Demand is made upon you for payment in full of the past-due account within 15 days from the date of this letter. In the event payment in full is not received, TransPlatinum shall proceed to enforce its legal rights to collect the past-due indebtedness, which may include turning your account over to a collection agency and/or filing a lawsuit against your company. If TransPlatinum uses an attorney or collection agency to collect any overdue amount from your company, TransPlatinum shall also seek to recover its attorney fees or collection costs plus court costs, pursuant to your contractual agreement. In addition, TransPlatinum will proceed against you personally, based upon the personal guarantee you executed I hope you will immediately pay this past-due amount and thereby avoid the necessity of costly litigation. Sincerely. We provide TransPla um more timely and accurate information to the business community by sharing our accounts receivable information with Glen Sanginarij/'? Vice President ? l? Dun & Bradstreet CC: Tammy Berry S042 LINBAR DRIVE I NASHVILLE, TN 3721) f?'?'rF` R Fax 888.310.1988 I www.FieetOne.com w Ix a 00 F- t, o CD 1-4 o /1 ,W ? a¢V)t'--c , ^ V o Y I V7CLZ-CrE a- C ?t i TTr o E 7 a i N h M aS o o y ca r M1 r i.i r%- -0 M1 a M1 n --?? ° - O ?• ru o n., M ° C3 T io t W a W ?9E r 01 f ??F 04 m N ?Q _> l? o y Z ? ? ? ? z o > - IZ40 C? W 42 rx iI T ?_I a ? "7c m ? ? t7 m m a a S-m>>>1 2.0 r- m s:5 a? o 2 Y g U C' ?t-0 a to * N '0C7•LQ r W L a?+ N U) d) E- E m? 0 3?r E E c? o Una`w `o C _o o j v i ?O m 0 M1 ti .,A ED r3 0 O C O oc rU E M m; m M1 C3 o g M1 13 I? v 2 ? T i M €o ,fir i a F F Ourwayisthehighway. Name: RT Express Acct # 167040 Statement of Account UMA File M UMA Client M Balance Due: 144913 160267 $12,654.35 Date Sent Details Invoice# Amt Billed Runnino Balance 12/2612007 Beginning Balance 0.00 , 12/27/2007 Invoice 5038365 2,187.42 2,187.42 12/28/2007 Invoice 5043327 1,738.47 3,925.89 12/31/2007 Invoice 5048769 3,864.83 7,790.72 1/1/2008 Invoice 5053326 458.69 8,249.41 1/2/2008 Payment -8,249.41 0.00 1/3/2008 Invoice 5061123 2,235.61 2,235.61 1/4/2008 Invoice 5066482 2,177.23 4,412.84 1/7/2008 Invoice 5076547 30.00 4,442.84 1/7/2008 Invoice 5073398 4,055.55 8,498.39 1/812008 Invoice 5076546 8,249.41 16,747.80 1/25/2008 Payment -1,395.65 15,352.15 2/1/2008 Payment -1,395.65 13,956.50 216/2008 Invoice 5204347 3.50 13,960.00 2/8/2008 Payment -1,395.65 12,564.35 2/13/2008 Invoice 5236908 30.00 12,594.35 2/13/2008 Payment -1,395.65 11,198.70 2/14/2008 Invoice 5236907 1,395.65 12,594.35 2/15/2008 Payment -1,395.65 11,198.70 2/22/2008 Invoice 5277908 30.00 11,228.70 2/22/2008 Payment -1,395.65 9,833.05 2/23/2008 Invoice 5277907 1,395.65 11,228.70 2/27/2008 Invoice 5295922 30.00 11,258.70 2/28/2008 Invoice 5295921 1,395.65 12,654.35 12,654.35 Ending Balance 12,654.35 STATEMENT FROM: Transplatinum Nashville, TN TO: R T Express Inc 1235 Means Hollow Rd Shippensburg, PA 17257 PRINCIPAL: $12,654.35 INTEREST: $0.00 ATTY/LOLL COSTS: $2,151.24 SUB TOTAL: $14,805.59 PAYMENTS: TOTALFOR PAYMENTS: $0.00 ? GRAND TOTAL: $14,805.59 AFFIDAVIT OF ACCOUNT DUE State of Tennessee County of Davidson Before the undersigned notary public in and for the above state and county, this day personally appeared Jo Ella Warrick, who being duly sworn says that: The affiant has personal knowledge of the facts stated herein, and they are true and correct. 2. The affiant is competent to testify to these facts. 3. The affiant, in the performance of his/her duties, has supervision of and is familiar with the books of accounts relating to this matter. 4. The creditor's full name is Transplatinum Service Corp dba FleetOne, and it operates as a Tennessee Corporation. 5. The debtor(s) named, R T Express and Mr. Ray Robinson, Individually as guarantor owes a past due amount of $12,654.35 to the creditor, with interest or fmance charges as they continue to accrue. 6. There are no lawful offsets thereto to the knowledge or belief of affiant. By: Jo airick, Credit Manager Subscribed and Sworn to Before Me This Date: 05/08/08. AL 1/3/2011 Notary Expiration Date Notary 1V ?TATE G t1y COMMiSSiOn o .:?. Expires TENNEccr ? 1?anuary 3, 2011 ? NOTARY PUBLIC < ` y' J O 'b D rn Co c.? N) N -c 0 ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7159 A TRANSPLATINUM d/b/a FLEETONE, LLC for Plaintiff IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Plaintiff NO. 008-3544 CIVIL TERM v R T EXPRESS, INC. and RAY D. ROBINSON, personal guarantor Defendant(s) CIVIL ACTION - LAW PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification to Plaintiff's Complaint which was filed on June 12, 2008, to the above term and number. Respectfully submitted, KODAK D IMBLUM, P.C. Robert D. Kodak, Esquire 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney I.D. No. 18041 Attorney for Plaintiff . ' ,.. + ~ V, 80'd IdI01 e VERIFICA f ON I, Gam, aminm-?c - ) yP r,?c??,?? ppQs???a•>s of TRANSPLATINUM d/b/a FLEETONE, LLC., verify that the statements made in the &foregoing document are true and correct. I understand that false statemcts herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unswom h1sifieation to authorities. TRAN3PLATINUM d/b/a FLEETONE, LLC. By: Title: rw P ?qc-Ftt1?-()CtP1 Q rrv tcr)--S Dated: U\ \Ot 34392 bj:comp:34392 Beet rt ptp.wpd:29NovO6 80i80'd rive ves MS rt ` '- cp <; . C I R CASE NO: 2008-03544 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TRANSPLATINUM D/B/A FLEETONE VS R T EXPRESS INC ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon R T EXPRESS INC the DEFENDANT , at 0016:11 HOURS, on the 16th day of June 2008 at 1235 MEANS HOLLOW ROAD SHIPPENSBURG, PA 17257 RAY ROBINSON by handing to T TTTT T TwT -TTT --- a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 21.00 Affidavit .00 Surcharge 10.00 Io n^- .00 7? 4 9 . 0 0 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/17/2008 KODAK & IMBLUM By. 10 Deputy Sheriff A. D. 4 w. CASE NO: 2008-03544 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TRANSPLATINUM D/B/A FLEETONE VS R T EXPRESS INC ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ROBINSON RAY D the DEFENDANT, at 0016:11 HOURS, on the 16th day of June 2008 at 1235 MEANS HOLLOW ROAD SHIPPENSBURG, PA 17257 by handing to RAY ROBINSON DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 41 l° b- I?L .00 01 16.00 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 06/17/2008 KODAK & IMBLUM ,- .- By: day eputy Sheriff A.D. TRANSPLATINUM Doing Business As : IN THE COURT OF COMMON PLEAS FLEETONE, LLC. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. R T EXPS, INC. and RAY D. PRAECIPE FOR DEFAULT JUDGMENT : CIVIL DIVISION -LAW RM ROBIN N, Personal Guarantor NO. 08-3544 CIVIL TE Defendants TO: PROTHONOTARY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Please!enter judgment in favor of Plaintiff and against Defendant(s) R T EXPRESS, INC. and RAY D. ROBINSON, Personal Guarantor, named for failure to file within the required time an Answer to the Complaint in the above-captioned case and assess the Plaintiffs damages as follows: Amount claimed in Plaintiffs Complaint $14,805.59 Interest at the statutory rate of 6% per annum from February 28, 2008 $370.10 Total = $15,175.69 I hereby certify that a written Important Notice of the intent to file this Praecipe was mailed or delivered to the Defendant(s) and/or his/her Attorney of Record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe and a copy of the notice is attached. KODAK & IMBLU , P.C. By -.?,. _ . Robert D. Kodak, Attorney for Plaintiff DATED; ?ag/pg Judgment entered and damages assessed as above. Pr thono LAW OFFICES OF KODAK & IMBLUM, P.C. CAMERON MANSION Tele hone P Robert D. Kodak 407 NORTH FRONT STREET 717.238.7152 Gary J. Imblum POST OFFICE BOX 11848 Facsimile HARRISBURG, PA 17108-1848 717.238.7158 www.kodak-imblum.com July 7, 2008 R T EXPRESS INC 1235 MEANS HOLLOW ROAD FILE Cuo"?Y SHIPPENSBURG PA 17257 RE: Transplatinum d/ b/ a Fleetone, LLC. VS: R T Express, Inc./ Ray D. Robinson, Personal Guarantor Our File No. 34392 No. 08-3544 Civil, Court of Common Pleas Cumberland County, Pennsylvania Gentlemen: In accordance with Pennsylvania Rules of Civil Procedure 237.1, we are enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the Complaint filed against you to the above term and number, nor has any attorney entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office of the Prothonotary of Cumberland County, Pennsylvania, to enter judgment against you in the amount as set forth in said Complaint. Very truly yours, RDK/ bjh enclosure cc PAUL FOSSE DISTRICT SUPERVISOR EULER HERMES UMA PO BOX 1672 LOUISVILLE KY 40201-1672 KODAK & IMBLUM, P.C. Robert D. Kodak robert.kodak@kodak-imblum.com 144913 TRANSPLATINUM d/b/a FLEETONE, LLC. Plaintiff V. R T EXPRESS, INC. and RAY D. ROBINSON, Personal Guarantor Defendants TO: R T EXPRESS. INC., Defendant(s) DATE OF NOTICE: July 7.2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3544 CIVIL CIVIL ACTION - LAW FILE Y IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 LAW OFFICES OF KODAK & IMBLUM, P.C. CAMERON MANSION Telephone Robert D. Kodak 407 NORTH FRONT STREET 717.238.7152 Gary J. Imblum POST OFFICE BOX 11848 Facsimile HARRISBURG, PA 17108-1848 717.238.7158 www.kodak-imblum.com July 7, 2008 RAY D ROBINSON FILE COPY 1235 MEANS HOLLOW ROAD SHIPPENSBURG PA 17257 RE: Transplatinum d/b/a Fleetone, LLC. VS: R T Express, Inc./Ray D. Robinson, Personal Guarantor Our File No. 34392 No. 08-3544 Civil, Court of Common Pleas Cumberland County, Pennsylvania Dear Mr. Robinson: In accordance with Pennsylvania Rules of Civil Procedure 237.1, we are enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the Complaint filed against you to the above term and number, nor has any attorney entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office of the Prothonotary of Cumberland County, Pennsylvania, to enter judgment against you in the amount as set forth in said Complaint. Very truly yours, RDK/bjh enclosure KODAK & IMBLUM, P.C. Robert D. Kodak robert.kodak@kodak-imblum.com THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. cc PAUL HOSSE DISTRICT SUPERVISOR EULER HERMES UMA PO BOX 1672 LOUISVILLE KY 40201-1672 144913 TRANSPLATINUM d/b/a FLEETONE, LLC. Plaintiff V. R T EXPRESS, INC. and RAY D. ROBINSON, Personal Guarantor Defendants TO: RAY D. ROBINSON, Defendant(s) DATE OF NOTICE: July 7, 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3544 CIVIL CIVIL ACTION - LAW FILE COPY IWORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 V ' rQ } w Cj -?. TRANSPLATINUM Doing Business As : IN THE COURT OF COMMON PLEAS FLEETONE, LLC. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. R T EXPRESS, INC. and RAY D. ROBINSON, Personal Guarantor Defendants : CIVIL DIVISION -LAW : NO. 08-3544 CIVIL TERM TO: R T EXPRESS. INC... Defendant(s) You are hereby notified that on N,? 018 , 2008 the following (judgment) has been entered against you in the above-captioned case. judgment entered in the amount of 515,175.69. DATE: thonota I hereby certify that the name and address of the proper person(s) to receive this notice is: R T EXPRESS INC 1235 MEANS HOLLOW ROAD SHIPPENSBURG PA 17257 TRANSPLATINUM Doing Business As : IN THE COURT OF COMMON PLEAS FLEETONE, LLC. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. R T EXPRESS, INC. and RAY D. ROBINSON, Personal Guarantor Defendants : CIVIL DIVISION - LAW : NO. 08-3544 CIVIL TERM TO: RAY D. ROBINSON, PERSONAL GUARANTOR Defendant(s) You are hereby notified that on 11V a8 , 20b8 the following (judgment) has been entered against you in the above-captioned case. bdMnt entered in the amount of $15,175.69. DATE: Pirdh-onotar I hereby certify that the name and address of the proper person(s) to receive this notice is: RAY D ROBINSON 1235 MEANS HOLLOW ROAD SHIPPENSBURG PA 17257 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 TRANSPLATINUM d/b/a Fleetone LLC IN THE COURT OF COMMON PLEAS OF 5042 Linber Dr Nashville TN 37211 Cumberland COUNTY, PENNSYLVANIA Plaintiff vs Writ No. Term 20 No. 08-3544 Term 20 08 R T EXPRESS INC and Ray D. Robinson P/ G 1235 Means Hollow Road Amount Due 7/ 28/ 08 jdmt Interest from 7/28/08-10/3/08 (2.53 per diem) Shippensburg, PA 17257 DEFENDANT(S) Atty's Commission vs Casts Ito be determined) Sovereign Bank; Orrstown Bank .... Garnishees TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, $ 15,175.69 $ 169.51 $ 758.79 (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania (2) against RT Express Inc & Ray D. Robinson Defendant FS, (3) and against SOVEREIGN BANK and ORRSTOWN BANK Garnishee s ; (4) and index this writ (a) against RT Express Inc & Ray D. Robinson Defendant(s) and (b) against SOVEREIGN BANK and ORRSTOWN BANK arnisneeks), as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy): LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN CUMBERLAND COUNTY INCLUDING BUT NOT LIMITED TO, FURNITURE, OFFICE EQUIPMENT, JEWELRY, SUPPLIES, ELECTRONICS, LAWN AND GARDEN EQUIPMENT, ETC. and GARNISH SOVEREIGN BANK, 17 W HIGH STREET, CARLISLE, PA and GARNISH ORRSTOWN BANK, 22 S HANOVER STREET, CARLISLE, PA, FOR ANY AND ALL ACCT(S) UNDER DEFENDANT(S) NAME(S) AND/OR SOCIAL SECURITY NUMBER XXX-XX-1q>.-.-?;7A (5) Exemption has (not) been waived. Dated 10/3/08 Robert D. Kodak, Esquire PO Box 11848 Harrisburg, PA 17108 (717) 238-7159 Attorney For Plaintiff(s) (a)wI £ aing aas paaisap si suapuad siI u se 9umapul pue p043811L si aagsiuaeS a413o awuu aqi ut /uadoid lea.ip tiIuo palaldwoa aq plnogs (q)(1,) gdulquted (q)t0I £ aln?l aas tiulouoglad aql ?q 6lunoa lugl u( asinoo }o se paambaa si Suixapui fiunoa aaglouu of sanssi Mm agl uagM (u)401 £ aln21 Xq pazuoglnu se pansap si `aau¢anss! jo ? iunoo aql ui suoiinaaxa aqi;o Suixopui p ?fuo polaldwoo aq plnogs (e)(p) gdeaSuaed (liam aql ui papnloui aq of si aagsiuauS powuu a ui ? Iuo palaldwoo aq plnogs anoqu) (£) gdLiguaud panssi gaigm u) ,Clunoo agi jo jj!jags agl of 4luo paioanp aq ? uw )uawSpnf paaaajsuuai a uo panssi 1(am u (3)£01 £ alnH aapufl paleacpui aq pl-gs f4unoa aql `(q)EOI £ aImd , q paziaoglnu se 6lunoo aagloue 3o 331aags aql of palaanp si 1!am 041 uagm (1) gdeaSujad aapurl 21IOH N a. f-a 0 z 3 00 O N w H e c r U 1-, W w ct "C3 H •\ N O C d n O> z O O Q c? a w H z C) f- U X W D4 0 W W f-? 0 °q ot-r p t? n ,O -4N C C o ? n m ZZ `?31- tA w 0 v l Q A 2 5 ? A R ? I L N ? P WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-3544 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TRANSPLATINUM DB/A FLEETONE LLC Plaintiff (s) From R T EXPRESS INC AND RAY D. ROBINSON,1235 MEANS HOLLOW ROAD, SHIPPENSBURG, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN CUMBERLAND COUNTY INCLUDING BUT NOT LIMITED TO, FURNITURE, OFFICE EQUIPMENT, JEWELRY, SUPPLIES, ELECTRONICS, LAWN AND GARDEN EQUIPMENT, ETC. . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of SOVEREIGN BANK, 17 W HIGH STREET, CARLISLE, PA 17013 AND ORRSTOWN BANK, 22 S HANOVER STREET, CARLISLE, PA 17013 GARNISHEE(S) as follows: ANY AND ALL ACCT(S) UNDER DEFENDANTS(S) NAME(S) AND/OR SOCIAL SECURITY NUMBER XXX-XX-1076. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$15,175.69 L.L.$.50 Interest FROM 7/28/08 -10/3108 (2.53 PER DIEM) $169.51 Atty's Comm %$758.79 Due Prothy $2.00 Atty Paid $184.50 Plaintiff Paid Other Costs Date: OCTOBER 7, 2008 (Seal) d-Wh P ry Cuts 6R.Long, By: Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848, HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041 TRANSPLATINUM D/ B/ A FLEETONE LLC IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA Plaintiff NO. 08-3544 v R T EXPRESS, INC. and RAY D. CIVIL ACTION - LAW ROBINSON, personal guarantor Defendant(s) v ORRSTOWN BANK Garnishee PRAECIPE TO THE PROTHONOTARY: Please dissolve the Garnishment issued against Orrstown Bank, Garnishee in the above-captioned matter. TO: Cumberland County Prothonotary Dated: October 21, 2008 Robert D. Kodak, Esquire Attorney for Plaintiff Attorney I.D. No. 18041 to d `F= C) C 7- C -v. rya cw, C-1) --4 t*3 -v N -rt t: 3m r TRANSPLATINUM D/ B/ A FLEETONE LLC Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA NO. 08-3544 v R T EXPRESS, INC. and RAY D. ROBINSON, personal guarantor Defendant(s) CIVIL ACTION - LAW v SOVEREIGN BANK Garnishee PRAECIPE TO THE PROTHONOTARY: Please dissolve the Garnishment issued against Sovereign Bank, Garnisheein the above-captioned matter TO: Cumberland County Prothonotary Dated: October 21, 2008 Robert D. Kodak, Esquire Attorney for Plaintiff Attorney I.D. No. 18041 nit, .?.? Y °c SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-03544 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND TRANSPLATINUM D/B/A FLEETONE VS R T EXPRESS INC ET AL And now NOAH CLINE ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:45 Hours, on the 15th day of October , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named GARNISHEE , ORRSTOWN BANK hands, possession, or control of the within named Garnishee 22 S HANOVER ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to in the ANDREW OTT (TELLER) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His . Sheriff's Costs: So answ Docketing .00 r ?00P Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 00 ? ,b1P 10/20/2008 Sworn and Subscribed to before me this day of By Deputy Sheriff 'IF A.D SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-03544 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND TRANSPLATINUM D/B/A FLEETONE VS R T EXPRESS INC ET AL And now NOAH CLINE ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:50 Hours, on the 15th day of October , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named GARNISHEE SOVEREIGN BANK hands, possession, or control of the within named Garnishee 17 W HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to DENISE BEECHER (TELLER personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . in the true and made Sheriff's Costs: So answers- Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 n 0 0 ? 11123)6i (: - 10/20/2008 Sworn and Subscribed to before me this day of By ?•???,?_ Deputy Sheriff A.D R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. ! Sheriff's Costs: Advance Costs: 300.00 .--, Sheriff's Costs: 214.59 Q -? Docketing 18.00 85.41 - Poundage 4.21 Law Libra .50 Refunded on 05/27/09 Prothonotary 2.00 Mileage 31.00 Surcharge 80.00 Levy 60.00 Postage .88 Garnishee 18.00 So Answers, 214.59 ? 4,1oxlD 9 ?? R. Tomas Kline, Sherif ; By Sharon R. Lantz h ^? cI IT. ' Co M SZ:b V 8-108 dd '?t1Nt10; ' d- jNqt3:) J3183HS 3H I .?0 3jtAJ0 a 0.0 u'Z.G980?' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-3544 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TRANSPLATINUM DB/A FLEETONE LLC Plaintiff (s) From R T EXPRESS INC AND RAY D. ROBINSON,1235 MEANS HOLLOW ROAD, SHIPPENSBURG, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN CUMBERLAND COUNTY INCLUDING BUT NOT LIMITED TO, FURNITURE, OFFICE EQUIPMENT, JEWELRY, SUPPLIES, ELECTRONICS, LAWN AND GARDEN EQUIPMENT, ETC. . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of SOVEREIGN BANK, 17 W HIGH STREET, CARLISLE, PA 17013 AND ORRSTOWN BANK, 22 S HANOVER STREET, CARLISLE, PA 17013 GARNISHEE(S) as follows: ANY AND ALL ACCT(S) UNDER DEFENDANTS(S) NAME(S) AND/OR SOCIAL SECURITY NUMBER XXX-XX-1076. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$15,175.69 L.L.$.50 Interest FROM 7/28/08 -10/3/08 (2,53 PER DIEM) $169.51 Atty's Comm %$758.79 Due Prothy $2.00 Atty Paid $184.50 Plaintiff Paid Date: OCTOBER 7, 2008 (Seal) Other Costs - ??144 Curti . Long, Pro By: Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848, HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff ,a 'y OFFICE T-E SHERIFF OF Tif PW?DW 2"9 NOY 17 AN g: 40 F S1 Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Transplatinum d/b/a Fleetone, LLC I vs. R T Express Case Number 2008-3544 SHERIFF'S RETURN OF SERVICE 11/13/2009 03:20 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on November 13, 2009 at 1520 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: R. T. Express, Inc., and Ray D. Robinson, in the hands, possession, or control of the within named garnishee, F & M Trust, 14 N Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Annetti Tingle, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. So Answers, R. Thomas Kline, Sheriff By ;V44? Deputy Sheriff (c) CountySuite Sherff. Telecsoft. Inc. V TRANSPLATINUM doing business as FLEETONE, LLC. Plaintiff v R T EXPRESS, INC., and RAY D. ROBINSON, personal guarantor„ Defendant(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2008-3544 vs F & M TRUST, GARNISHEE INTERROGATORIES IN ATTACHMENT TO GARNISHEE TO: GARNISHMENT ADMIN / LEGAL DEPT. F & M TRUST 14 N HANOVER STREET CARLISLE PA 17013 YOU ARE REQUIRED TO FILE ANSWERS TO THE FOLLOWING INTERROGATORIES WITHIN TWENTY (20) DAYS AFTER SERVICE UPON YOU. FAILURE TO DO SO MAY RESULT IN JUDGMENT AGAINST YOU: 1. At the time you were served, or at any subsequent time, did you owe the defendant(s) above-listed, account no. 8892638894 or any account(s) under Defendant(s) name(s), and/or otherwise, any money or were you liable to the defendant (s) on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? (If yes, please describe.) ANSWER: ?C("AI-rfi 1 rl -Hilt, n1A Me R T _EX?V2-fSS, ANC. ?-1 U 0 2 2. At the time you were served, or at any subsequent time was there in your possession, custody or control, or in the joint possession, custody or control of yourself and one (1) or more other persons and/ or entities, any property of any nature owned solely or in part by the defendant(s)?( If yes, please describe.) ANSWER: N 0 • 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant(s) held or claimed any interest? (If yes, please describe.) ANSWER: fib. 4. At the time you were served, or at any subsequent time did you hold as fiduciary, any property in which the Defendant(s) had an interest? ANSWER: ? ?. 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so, what was the consideration therefor? ANSWER: t0, Mt R5 0?: N0l I U, ZDO lot . 6. At any time after you were served, did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant(s) against you? (If yes, please describe.) ANSWER: N o. 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. ANSWER: 11? O 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. ANSWER: No. KODAK BRIM LU P.C. Robert D. Kodak, Esquire Attorney for Plaintiff 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7159 Supreme Court ID No. 18041 VERIFICATION I, -' 1 h b D 1N H D P V-MS (Name) 7?ei M i 01 StY A-h \j e-, (Title) lkSS1S+4n+ of F&M TRUST, Garnishee herein, verify that the statements made in these Interrogatories in Attachment are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. BY:(?,tn1?1 t51? N 1?1( ,ILt? ADDRESS: I?FlL LW F- 0/1AMLP-?'S bUVl P-A I -7 2b 1 Dated: N b`\J. I U, 20 0 q OF THE H TAM 209 NOV 18 Pik 2:10 VVa.•TiJ u t..l?WV?r PE.N' ?LVANIA TRANSPLATINUM doing business as FLEETONE, LLC. Plaintiff v R T EXPRESS, INC. and RAY D. ROBINSON, personal guarantor, Defendant(s) v F & M TRUST, Garnishee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-3544 CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please dissolve the Garnishment issued against F & M TRUST, Garnishee in the above-captioned matter. TO: Cumberland County Prothonotary Dated: November 17,200 9 Robert D. Kodak, Esquire Attorney for Plaintiff Attorney I.D. No. 18041 , FLIEQ .q}-Fa 0-WE ppoTC OTARY 2go9 NOV 19 PM 2' 4 3 PEN?ISYLYMIA it S .450 , I?L AA-11( ,233837 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 TRANSPLATINUM doing business as FLEETONE, LLC. Plaintiff Vs R T EXPRESS, INC., and RAY D. ROBINSON, personal guarantor, 1235 MEANS HOLLOW ROAD SHIPPENSBURG, PA 17257 DEFENDANT(S) Vs F & M TRUST, GARNISHEE IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA Writ No. Term 20 No. 2008-3544 Term 20 08 Amount Due 7/28/08 jdmt ............. $ 11,325.69 Interest from jdmt -11/4/09 $1.86 per diem .............. $ 866.76 Atty's Commission 5% statutory rate .......... $ 566.28 Costs (to be determined) $ TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania (2) against R T EXPRESS, INC., AND RAY D. ROBINSON een ants; (3) and against F & M TRUST , 4 H. Hanover St 0,ariisle PA (`7013 arrus ee s ; (4) and index this writ (a) against R T EXPRESS, INC. AND RAY D. ROBINSON, Defendant(s) and (b) against F & M TRUST arms ee s , as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy): LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO FURNITURE, JEWELRY, ELECTRONICS, SUPPLIES, ETC., AND GARNISH: F & M TRUST AT 14 N. HANOVER STREET, CARLISLE, PA 17013 FOND ACCOUNT(S) UNDER DEFENDANT(S) NAME(S). (5) Exemption has (not) been waived. Robert D. Kodak, Esquire PO Box 11848 Harrisburg, PA 17108 (717) 238-7159 Dated 11/4/09 Attorney For Plaintiff(s) t -b? L ? D ? ; Q 9 0D.0 0 W ? Ty ? O V O V? .i7 V Q f^1' C_ > ? ri O U 0 . ? M I-TI o o M o ? z n z o d Z yV 9 o? mo n? In NOTE Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. N -t.l'Z7 .I" z rD N O O W G rt 0 0 Paragraph (3) (above should be completed only in a named garnishee is to be included in the writ). Paragraph (4)(a) should be completed only if indexing of the executions in the county of issurance, is desired as authorized by Rule 3104(a). When the writ issues to another county indexing is required as of course in that county by the prothonotary. See Rule 3104(b). Paragraph (4)(b) should be completed only if real property in the name of the garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3544 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TRANSPLATINUM, d/b/a FLEETONE, LLC, Plaintiff (s) From R T EXPRESS, INC; and RAY D. ROBINSON, 1235 Means Hollow Road, Shippensburg, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of the defendants , including but not limited to furniture, jewelry, electronics, supplies, etc . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: F&M TRUST, 14 North Hanover Street, Carlisle, PA 17013 Any and all accounts under defendants names. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $11,325.69 L.L. Interest from 11/4/09 at $1.86 per diem -- $866.76 Atty's Comm $566.28 %5 Due Prothy $2.00 Arty Paid $437.09 Other Costs Plaintiff Paid Date: 11/6/09 C is R. Long, o ota (Seal) By: Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: KODAK & IMBLUM PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041 Ronny R Anderson Sheriff Jody S, Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY t ,L?.L ,t I I Ti- "' ' ? r? ?r1,R? 2010 r1 ~ *? -8 flili lv J? lsli;ro; ? Tranl'splatinum d/b/a Fleetone, LLC Vt. Case Number R T Express (et al.) 2008-3544 SHERIFF'S RETURN OF SERVICE 11/13X2009 03:20 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on November 13, 2009 at 1520 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: R. T. Express, Inc., and Ray D. Robinson, in the hands, possession, or control of the within named garnishee, F & M Trust, 14 N Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Annetti Tingle, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 01/2112010 04:05 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 21, 2010 at 1608 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Ray D. Robinson, by making known unto Ray D. Robinson, at 1235 Means Hollow Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was not completed. Levy completed 01-27-10 by Deputies Harrison and Gutshall. Postcard and copy of levy mailed to attorney and letter mailed to defendant on January 28, 2010. 01/2112010 04:05 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 21, 2010 at 1608 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: R T Express, by making known unto Ray D. Robinson, Adult in Charge and Owner of business, at 1235 Means Hollow Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was not completed. Levy completed 01-27-10 by Deputies Harrison and Gutshall. Postcard and copy of levy mailed to attorney and letter mailed to defendant on January 28, 2010. 04/0712010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED. Defendant has filed for bankruptcy. SHERIFF COST: $164.51 April 07, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF Bv/l J lA Sharon R. Lantz j a i'c (? . 73 ,Ci Cou=.i`y5uite $cen''f. 7eic:os.^,ft. Inc. • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3544 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TRANSPLATINUM, d/b/a FLEETONE, LLC, Plaintiff (s) From R T EXPRESS, INC and RAY D. ROBINSON, 1235 Means Hollow Road, Shippensburg, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of the defendants , including but not limited to furniture, jewelry, electronics, supplies, etc . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: F&M TRUST, 14 North Hanover Street, Carlisle, PA 17013 Any and all accounts under defendants names. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $11,325.69 L.L. Interest from 11/4/09 at $1.86 per diem -- $866.76 Atty's Comm $566.28 %5 Atty Paid $437.09 Plaintiff Paid Date: 11/6/09 (Seal) REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: KODAK & IMBLUM PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041 Due Prothy $2.00 Other Costs Curt' R. Long, Pr o ary By: Deputy